| (a) If a retail public utility in constructing or extending
a line, plant, or system interferes or attempts to interfere with
the operation of a line, plant, or system of any other retail public
utility, or provides, makes available, or extends retail water or
sewer utility service to any portion of the service area of another
retail public utility that has been granted or is not required to
possess a certificate of convenience and necessity (CCN), the commission
may issue an order that prohibits the construction or extension of
the interfering line, plant, or system or the provision of service
or that prescribes terms and conditions for locating the line, plant,
or system affected or for the provision of service. A request for
a commission order shall include the following:
(1) the name, CCN number, if applicable, e-mail address,
phone number, and mailing address of the retail public utility making
the request;
(2) the name, CCN number, if applicable, mailing address,
phone number, if known, and e-mail address, if known, of the retail
public utility which is to be the subject of the order;
(3) a description of the alleged interference or unlawful
provision of service;
(4) a map of the service area of the requesting utility
that clearly shows the location of the alleged interference or unlawful
provision of service;
(5) copies of any other information or documentation
which would support the position of the requesting utility; and
(6) other information as required by the commission.
(b) A request for a commission order under this section
shall be filed with the commission in the form of a petition and shall
contain the necessary information under subsection (a) of this section.
The petition must be filed within 180 days from the date the petitioner
becomes aware that another retail public utility is interfering or
attempting to interfere with the operation of a line, plant or system
or is providing retail water or sewer utility service within the service
area of another retail public, unless the petitioner can demonstrate
good cause for its failure to file such action within the 180 days.
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